TERMS OF USE

FOR STRETCH ZONE

Copyright Notice

All of the Content you see on this Website, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips, and text, are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Stretch Zone Franchising LLC, one of its affiliates or by third parties who have licensed their materials to Stretch Zone Franchising LLC. The entire Content of the Stretchzone.com Website is copyrighted as a collective work under U.S. copyright laws, and Stretch Zone Franchising LLC owns a copyright in the selection, coordination, arrangement and enhancement of the Content. The Content of the Stretchzone.com Website, and the site as a whole, are intended solely for personal, noncommercial use by the users of our site. You may download, print and store selected portions of the Content, provided you (1) only use these copies of the Content for your own personal, non-commercial use, (2) do not copy or post the Content on any network computer or broadcast the Content in any media, and (3) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. Stretch Zone Franchising LLC reserves complete title and full intellectual property rights in any Content you download from this Website. Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining written permission from Stretch Zone Franchising LLC.

Submissions

We welcome your feedback regarding the Stretchzone.com Website as well as our store locations. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) sent to Stretchzone.com shall be and remain the exclusive property of Stretch Zone Franchising LLC. Your submission of any such Comments shall constitute an assignment to Stretch Zone Franchising LLC of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Stretch Zone Franchising LLC will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

Disclaimer

This site and all contents of this site are provided on an “as is” basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by your use of this site, that your use of this site is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of our site, and that Stretch Zone Franchising LLC shall not be liable for any damages of any kind related to your use of this site. While we will make every effort to keep content on this site current, we do not guarantee it is the most up to date information available. For up-to-the-minute information on class changes, contact information and any other information regarding Stretch Zone locations, its operations, programs, and offers, please contact a Stretch Zone location or the corporate contact information provided on this site.

Indemnification

You agree to defend, indemnify and hold Stretch Zone Franchising LLC harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the site.

Terms and Conditions of Stretch Zone Flex Membership

Introduction: The Stretch Zone Flex Membership (the “Membership”) offers two 30-minute stretch sessions per month for a monthly fee of $99. As an additional perk, Members may purchase additional sessions at a discounted rate of $50 per session. Notwithstanding the foregoing, the Membership does not hold any specific value, but is rather redeemable for two thirty minute stretches, so long as the Member remains eligible.

Membership Fees and Payment: The monthly membership fee is $99. This fee is auto-renewed each month unless the member initiates cancellation. Stretch Zone may vary the fee, from time to time, by providing its Members with prior advance written notice of the increase with at least thirty days prior to the change in membership fee.

Session Rollover: Monthly sessions can accrue and roll over from month to month as long as the membership is active. Unused accrued sessions will expire and be forfeited if not used within 90 days of membership cancellation.

Cancellation Policy: You may cancel this membership at any time. In order to cancel, you must request a Cancellation Link from your studio. Once the online form is submitted via the Cancellation Link, your account will be set for cancellation effective 30 days from the submission date. The effective date of the cancellation is 30 days from when we receive the electronic form submitted. If there is a charge scheduled within that 30 day period, that charge will process and you will have those sessions to use. After successful cancellation has occurred, you will no longer be charged and you will maintain your valid session credits until they are used or expire.

Appointments can be canceled without charge up to 24 hours before the scheduled start time. Cancellations made with less than 24 hours’ notice may forfeit use of the session or incur a Late Cancellation fee up to the full cost of the booked session.

Membership Restrictions: Membership is specific to the studio where it was purchased and is not transferable, except under certain conditions specified by the studio.

Non-Refundability: Membership fees are non-refundable.

Independent Franchise Clause: Each Stretch Zone location is an independently owned and operated franchise. Rates and terms may vary by location.

Rate Adjustment: Stretch Zone reserves the right to increase the monthly membership rate with thirty (30) days’ written notice. Continued use of the Membership after the notice period constitutes acceptance of the new rate. Notice will be provided through a general mass email or through its visible publication on Stretch Zone’s website. As a member, it is your responsibility to constantly monitor our website to ensure you are properly informed about any possible changes.

Membership Freeze Option: Memberships may be frozen for a minimum of one month and a maximum of three months, up to two times in a 12-month period. A $10 per month freeze fee applies. Memberships must be active for at least 30 days before they can be frozen again.

Legal Compliance: These terms and conditions are structured to comply with Federal and State Laws, specifically avoiding classification as a gift card, gift certificate, or prepaid service under these laws.

Severability and Continuation of Terms:

Should any court of competent jurisdiction construe any provision of these Terms and Conditions as constituting a gift card, gift certificate, or similar instrument which mandates different disclosure or compliance requirements under applicable law, then such provision shall be deemed null and void to the extent of such conflict or prohibition. The nullification of any such provision shall not affect the validity and enforceability of the remaining provisions of these Terms and Conditions. The remaining terms shall continue to be construed in consonance with and in pursuit of the spirit and the original intent of the Terms and Conditions of the Membership program. This severability clause ensures that the invalidity or unenforceability of one or more provisions does not render the entire agreement void, but rather preserves the efficacy and intent of the remaining provisions.

Liability and Disclaimers: Stretch Zone is not liable for any injury or damage resulting from the use of its services, except as provided by law.

Limitation of Damages:

IN NO EVENT SHALL STRETCH ZONE AND/OR ANY OF ITS INDEPENDENTLY OWNED AND OPERATED FRANCHISES SHALL BE LIABLE TO ANY MEMBER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT. FURTHERMORE, THE TOTAL LIABILITY OF STRETCH ZONE AND/OR ANY OF ITS INDEPENDENTLY OWNED AND OPERATED FRANCHISES UNDER THIS AGREEMENT SHALL BE LIMITED TO THE TOTAL AMOUNT OF MEMBERSHIP FEES PAID BY THE MEMBER TO STRETCH ZONE AND/OR ANY OF ITS INDEPENDENTLY OWNED AND OPERATED FRANCHISES DURING THE DURATION OF THE MEMBER’S ENROLLMENT IN THE MEMBERSHIP PROGRAM.

Arbitration and Class Action Waiver:

  1. Arbitration: Any disputes arising from or related to the Membership shall be resolved through binding arbitration, conducted in accordance with the rules of the American Arbitration Association. The venue shall be the City, County and/or Municipality in which the Member has its account.
  2. Class Action Waiver: Members agree that any arbitration will be conducted on an individual basis and not in a class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of a representative or class proceeding.

Amendment of Terms: Stretch Zone reserves the right to amend these terms and conditions with appropriate notice to the members.

Governing Law: These terms are governed by the laws of the State of Florida.

Dispute Resolution: Any disputes arising under these terms will be resolved in accordance with the laws of the State of Florida.

Acceptance of Terms: By purchasing the Membership, members agree to be bound by these terms and conditions

ACKNOWLEDGMENT BY MEMBER:

THE MEMBER ACKNOWLEDGES HAVING CAREFULLY READ ALL OF THE PROVISIONS OF THE MEMBERSHIP PROGRAM. THE MEMBER CONFIRMS THAT THEY HAVE HAD THE OPPORTUNITY TO ASK ANY QUESTIONS REGARDING THESE TERMS AND CONDITIONS AND UNDERSTAND THAT MEMBERSHIP PRIVILEGES MAY EXPIRE UNDER CERTAIN CONDITIONS AS PROVIDED IN THESE TERMS AND CONDITIONS.

 

 

 

 

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